Legal Question in Intellectual Property in New York

I have read that I need to do a search of past patents to be sure that my product idea really is unique, but is that search kept private or made public? I am worried that just by writing what my product idea is, someone could steal the idea from me before I can patent it. Any information will be greatly appreciated!


Asked on 1/05/12, 7:01 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Your best bet is to hire a patent attorney or agent to handle the patent search and process for you. Your patent attorney or agent has gone through a rigorous testing and screening process from the US Patent & Trademark Office; s/he is well aware that "stealing" a client's idea gets him/her banned from engaging in patent practice before the Office; no invention is worth your patent lawyer's or agent's career.

Many inventors want to "save money" by doing the search themselves. This is fine, and at my office we do accept such searches; there are lots of search strategies out there (visit www.uspto.gov), but be aware that you may miss something. Your patent attorney has access to materials and search materials that are not generally known. No patent attorney worth their salt, including me, will stand behind a search done by a client.

Give my office a call if you wish to discuss the patent process and why it is that I don't go into business with clients or steal clients' ideas. 518-371-4599.

Nancy Delain

https://oedci.uspto.gov/OEDCI/details.do?regisNum=56337

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

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Answered on 1/05/12, 10:22 pm


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